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If the estate is less than $20,000, a surviving spouse may use the small estate affidavit to transfer the assets.If there is no surviving spouse, an heir-at-law may use the small estate affidavit to transfer assets if the estate does not exceed $5000.

Otherwise a probate is required if there are any assets in the decedent's estate that do not pass by operation of law. Items that are held jointly with right of survivorship, transfer on death properties and life insurance to a beneficiary pass by operation of law to the survivor and therefore are not considered assets subject to probate.

So just to confirm that I understand you correctly... Say about a total of $90,000 of assets (not including operation of law items) would not require probate of will in NJ. The $20,000 example is too small and there is no surviving spouse, just family - mother, father. etc..

And items such as life insurance, IRA and state pension beneficiaries etc. would therefore not be counted as they would be considered operation of law. So money held in an IRA should not be counted towards total estate amount, and would not be involved in probate.

So just to confirm that I understand you correctly... Say about a total of $90,000 of assets (not including operation of law items) would not require probate of will in NJ. The $20,000 example is too small and there is no surviving spouse, just family - mother, father. etc..

$90,000 of assets that do not pass by operation of law would require probate in New Jersey

And items such as life insurance, IRA and state pension beneficiaries etc. would therefore not be counted as they would be considered operation of law. So money held in an IRA should not be counted towards total estate amount, and would not be involved in probate.

Just one last final confirmation. Based upon what you have stated, if I understand you correctly, it would therefore appear to me that a total of equal to or less than $5000 in total estate amount is to be considered the minimum total estate amount allowable to avoid probate (have no surviving spouse) in the state of New Jersey.

Just one last final confirmation. Based upon what you have stated, if I understand you correctly, it would therefore appear to me that a total of equal to or less than $5000 in total estate amount is to be considered the minimum total estate amount allowable to avoid probate (have no surviving spouse) in the state of New Jersey.

No--$5000 in total estate amount is the maximum total estate amount allowable to avoid probate (have no surviving spouse) in the state of New Jersey.If the total estate is more than $5000 a probate is required

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